ELR Citation: ELR 20496
No(s). 90-7638 (2d Cir. Dec 14, 1990)

The court holds that the Resource Conservation and Recovery Act (RCRA) does not preempt a Connecticut town's zoning regulations and that the district court properly abstained from deciding whether a chemical waste cleanup plan violates those regulations. The district court enjoined a company from implementing a federal- and state-approved plan for capping a pile of chemical waste on its property until the company obtains the necessary permits from the local zoning commission. The court first holds that RCRA does not preempt the town's zoning regulations, because RCRA §3009 provides that state and local governments may impose more stringent requirements than those imposed under RCRA and its regulations. The court next holds that the district court did not abuse its discretion when it refrained from deciding the state law question of whether the town's regulations were violated. The Environmental Protection Agency and the Connecticut Department of Environmental Protection stated that their approval of the company's plan did not relieve the company of its obligation to comply with the local zoning regulations.

Counsel for Defendant-Appellant
Brian J. Casey, S. Robert Jelley, William J. Doyle
Wiggin & Dana
195 Church St., P.O. Box 1832, New Haven CT 06508
(203) 789-1511

Counsel for Plaintiffs-Appellees
Robert K. Ciulla, Charles R. Andres
Tyler, Cooper & Alcorn
205 Church St., P.O. Box 1936, New Haven CT 06509-1910
(203) 789-0700

Before Kearse, Pierce, and Miner, J.J.